A wrongful death claim is made when a person dies due to the wrongful or negligent actions of another. It is taken to court by the deceased individual's survivors or by a personal representative of their estate. The fault is expressed exclusively in terms of monetary damages, which a court can order the defendant to pay to the survivors.
A wrongful death claim is a civil lawsuit entirely separate from a criminal charge of homicide. Wrongful death can occur when no crime has happened, but even if there is a criminal case, a wrongful death suit can be brought at the same time and does not end if the criminal trial results in a not guilty verdict.
Given the complexity and high stakes of wrongful death claims, it's crucial for potential claimants to seek guidance from an experienced Los Angeles wrongful death attorney as soon as they believe they have a case. Early consultation can greatly influence the direction and success of the claim.
Who Can Bring a Wrongful Death Claim?
When someone you love dies in an accident, it's a natural reaction to seek justice by taking legal action. However, not anyone can come forward and file a wrongful death claim,
Generally, California law allows a wrongful death claim to be brought by the deceased's family. However, as is true in many areas of the law, “family” can be broadly defined. Below is a list of individuals who can file a wrongful death claim in California courts:
- Spouse – the surviving spouse of the deceased victim has the legal right to file a wrongful death lawsuit in the state of California.
- Putative spouse - A putative spouse is an individual who believes they were involved in a valid marriage with the victim, but in reality, the wedding was void or voidable. These are spouses who are found by the court to believe in good faith that the marriage was valid and that they were financially dependent on the deceased.
- Domestic partner – a surviving domestic partner, meaning a person who, at the time of the death, was the domestic partner of the victim in a registered domestic partnership.
- Children – if a child loses their biological or adoptive parent in wrongful death, they can file a claim. This would also apply to stepchildren as long as they can prove they were financially dependent on the victim at the time of death. Additionally, a minor who had lived with the deceased victim for at least 180 days before their death and was dependent on the victim for at least 50% of their financial support can file a claim.
- Parents – if a parent loses their minor child or adult child who has no descendants, they have the legal right to recovery by filing a wrongful death lawsuit. Additionally, parents may pursue a claim to prove they were financially dependent on their child.
- Heirs - If the deceased victim had no surviving spouse or children, other family members who are considered heirs under California intestacy laws have a legal right to file a wrongful death claim. Heirs are the individuals who would inherit the deceased victim's property if they died without a will.
What If Several Eligible People File a Wrongful Death Claim?
In many wrongful death cases, several people, such as a spouse, children, or parents of the deceased victim, could be eligible to file a claim. By law, everyone who has a legitimate claim has to be named in a wrongful death lawsuit. Typically, it can be challenging for one lawyer to represent all eligible individuals without an ethical conflict.
In cases where multiple individuals are eligible to file a wrongful death claim, it can be challenging for one lawyer to represent all parties without a conflict of interest. In such situations, designating a personal representative of the deceased victim to pursue the claim on behalf of all eligible survivors can help streamline the legal process.
Given the potential complications in wrongful death claims, it's essential to seek the counsel of an experienced wrongful death lawyer. A skilled attorney will aggressively defend your rights against the individual responsible for the death, ensuring you receive the compensation you deserve.
How Are Damages Calculated?
Damages fall into two categories: economic and non-economic. Monetary damages can include expenses suffered by the plaintiff, such as actual money spent on hospital bills, funeral expenses, etc.
Much harder to calculate is the loss of financial support. Throughout life, the deceased would have contributed income to the family, and the family is entitled to recover for the loss of that amount. As you might guess, this is often highly contentious and difficult to determine and can include a wide range of different things.
Non-economic damages are more nebulous. They are compensation for the loss of the deceased—the loss of a spouse's love and companionship or a parent's guiding hand.
These things do not have a dollar amount attached to them, and the law only requires that the amount is “just.” Non-economic damages are not compensation for the grief of losing a family member nor for any suffering experienced by the deceased during the incident in question. California law does not allow juries to consider these things when making an award.
How a Wrongful Death Lawyer Can Help You
Losing a loved one is invariably a challenging experience, and the last thing that you should be concerned with at this difficult time is holding the party responsible for the tragedy inflicted upon you and your family legally liable. Fortunately, the Los Angeles wrongful death attorneys of Injury Justice Law Firm are available to help. Some of the specific ways in which we can help you include the following:
- Our injury attorneys will carefully evaluate your case to determine the validity of your wrongful death claim, providing you with the guidance and information you need to make informed decisions.
- We Will Attempt to Negotiate a Settlement with the Insurance Company – The at-fault party's insurance company settles a significant percentage of wrongful death cases. In these cases, it is necessary for the survivors of victims to establish their damages, including those on which it is difficult to place a monetary value, such as the loss of love, community, attention, affection, moral support, and guidance.
- If Necessary, We Will Take Your Case to Court – Sometimes, it is simply not possible to come to a settlement agreement that adequately compensates surviving family members for their losses. When this occurs, it may be necessary to take the case to trial, which many attorneys are hesitant to do. At our injury law firm, we are always prepared to take your case to test if it is in your best interest to do so.
There are few times when the attorney you hire matters more than when a wrongful death has occurred. Injury Justice Law Firm has attorneys specializing in wrongful death cases and can give you the peace of mind that your legal rights are 100% protected at this challenging time. Contact us today for a free, no-risk consultation.
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